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SOCIAL SERVICES NORTH WEST (NWASSA)
MEETING TO BE HELD AT ROCHDALE ON 17 MARCH 2000
REPORT OF THE CO-ORDINATOR
OFFICE OF CHILDREN'S RIGHTS COMMISSIONER/DIRECTOR
1. Matter for consideration
To consider the current position concerning the appointment of a Children's Rights Commissioner / Director.
2. Introduction
NWASSA has in the past strongly supported the establishment of a post of Children's Rights Commissioner in England.
The Waterhouse Inquiry report "Lost in Care", on the abuse of children in care in North Wales, had as
its first recommendation the appointment of an independent Children's Commissioner for Wales. The Secretary of
State for Health has confirmed his intention to appoint a national Children's Rights Director, as part of the National
Care Commission. It seems important at this point for Social Services North West to review its position on this
issue.
3. Information
3.1 The first two recommendations of Sir Ronald Waterhouse's report, 'Lost in
Care, The Report of the Tribunal of Inquiry into the abuse of children in care in the former County Council areas
of Gwynedd and Clwyd since 1974' read as follows:
(1) An independent Children's Commissioner for Wales should be appointed.
(2) The duties of the Commissioner should include:(a) ensuring that children's rights are respected through the monitoring and oversight of the operation of complaints and whistleblowing procedures and the arrangements for children's advocacy;
(b) examining the handling of individual cases brought to the Commissioner's attention (including making recommendations on the merits) when he considers it necessary and appropriate to do so;
(c) publishing reports, including an annual report to the National Assembly for Wales.
3.2 In welcoming the report and acknowledging its harrowing contents, the Health Secretary Alan Milburn announced that
"The appointment of a national Children's Rights Director, as part of the National Care Commission, will ensure that the issue of children's rights and safeguards are given the highest priority."
"The specific role of this post still requires further consultation,
but key roles will be to:- police the independent regulation and inspection of children's homes;
- make sure that the views of children in various settings, including children's homes, fostering agencies, voluntary adoption agencies, residential family centres and welfare arrangements in boarding schools, are given proper consideration;
- gather, and act on, any significant evidence which might help local authorities or other providers to improve the services and support they give to children."
3.3 Many organisation, including NWASSA, have in the past argued for the establishment of an Office of Children's
Rights Commissioner, with separate but linked Commissioners in Scotland, England and Northern Ireland. It would
be an independent statutory office to promote the rights and interests of children and young people, in accordance
with the principles and standards of the UN Convention on the Rights of the Child. Though much has been done by
social services authorities to minimise future risks, there are still potential dangers for children in any care
setting whether residential or foster care.
3.4 In 1998 NWASSA's support for an Office of Children's Rights Commissioner was itself supported by the LGA Children's
Panel. Their functions would include:
· promoting the awareness of the rights of children and highlighting the ways that current law, policy and practice fail to respect those rights;
· ensuring that they have an effective means of redress when their rights are disregarded;
· conducting formal investigations where breaches are considered to have occurred;
· analysing and commenting on proposed new legislation or policy;
· undertaking, commissioning and/or publishing research and information relevant to the pursuit of children's rights and interests.
Their powers could include:
· investigation of breaches of rights and undertaking public enquiries;
· taking legal action as appropriate should a child not be able to do so on their own behalf:
· issuing regular reports on their work and the state of children's rights;
· requiring that the office is consulted by Government and other bodies, with Child Impact Statements accompanying proposed changes in policy and legislation.
NWASSA considered that creating Children's Rights Commissioners would demonstrate the Government's commitment
to children, and its preparedness to be held to account on that commitment, whilst at the same time helping to
fulfil the UK's obligations under the UN Convention on the Rights of the Child.
3.5 The LGA, in its response to the publication of the Waterhouse Report, also supported "calls for an independent
Children's Commissioner to be appointed to champion the needs of children, especially those in care."
3.6 With the Government now committed to the establishment of such a role, it seems timely for Social Services
North West to reiterate its support for the concept, and to ensure when detailed proposals are published, that
they are sufficiently far-reaching to protect the interests and enhance the rights of our nation's children, in
accordance with the UN Convention.
4. Recommendations
4.1 That Social Services North West reaffirms its support for the appointment of a Children's Rights Commissioner
for England, with the remit set out in paragraph 3.4 above.
4.2 That a further report is submitted when detailed proposals are published.
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